Decision in Winter Storm Shipping, Ltd Versus TPI

Tuesday, October 20, 2009

Sullivan & Cromwell Partners reported on the October 16 decision from the U.S. Court of Appeals for the Second Circuit which overrules the controversial 2002 decision in Winter Storm Shipping, Ltd v. TPI. Winter Storm Shipping, Ltd v. TPI dealt with havoc wreaked upon the administration of hundreds of electronic funds transfers passing through intermediary banks in New York every day. This Court of Appeals decision, which was pursued by the New York banking community, is significant in that it will significantly strengthen New York's standing as a key center for international fund transfers and bolster the U.S. dollar as the currency of choice for international business transactions.
 
In Winter Storm, the Court held that electronic funds transfers at an intermediary bank were property of the originator of the funds transfer and could be attached under Maritime Rule B.  In Shipping Corp. v. Jaldhi, the issue was whether the Winter Storm holding should be extended to transactions where the defendant was the beneficiary of the transfer, as opposed to being the originator.  The parties to the appeal split, of course, on that issue.  The Clearing House opposed extending Winter Storm, and also asked the Court to overturn Winter Storm, which they did. 
 
In reaching its decision, the Appeals Court noted that since the initial Winter Storm decision in 2002, New York banks have been required to process a “staggering number” of maritime writs every day and that the associated lawsuits filed by maritime plaintiffs under that decision, seeking to attach over $1b, represented 33 percent of all lawsuits filed in the Southern District court from Oct. 1, 2008 to Jan. 31, 2009 alone.
 
Sullivan & Cromwell partners Bruce Clark, H. Rodgin Cohen and Michael Wiseman, along with associate Laurent Wiesel, represented The Clearing House Association L.L.C., comprised of leading banks from the New York commercial banking industry, amicus curiae in the case. Please feel free to contact us for additional information about the decision or to discuss the ramifications this decision will have on the U.S. international fund transfer business.

Maritime Reporter August 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Obama Defends Arctic Oil Drilling

United States' President Barack Obama defends his decision to allow Royal Dutch Shell to drill for oil in the Arctic Ocean.   He insisted that there was no contradiction

Syncrude Uncertain about Plant Fire Affecting Production

The operator of Canada's largest synthetic crude project said on Saturday it is investigating the causes of an early morning fire at an upgrading plant. Firefighters extinguished the blaze,

China Passes New Pollution Law, Will Cap Coal Consumption

Legislators have approved amendments to China's 15-year-old air pollution law that grant the state new powers to punish offenders and create a legal framework to cap coal consumption,

Finance

Optimistic on VLCC Market

Shipbroker Charles R. Weber is quite optimistic on the future prospects of the VLCC market for 2016 onwards.   The demand is expected to remain elevated with

Goldenport Bleeds in Red

Goldenport Holdings Inc reported a net loss of USD14.7 million in the first six months of 2015, significantly wider than the USD1.4 million net loss a year earlier

Strong Returns for Sovcomflot

Russia’s biggest shipping company PAO Sovcomflot (SCF Group) surpassed its own expectations and went forward on both revenue and net profit in the first six months.

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Navigation Pipelines Pod Propulsion Port Authority Salvage Ship Simulators Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.5023 sec (2 req/sec)